Getting Body Language on the Record – Tips for Attorneys

A clear, accurate transcript is essential when taking a deposition. You will want your witness testimony to be accurately preserved for use in trial, and you will want to be sure that all important information is carefully recorded. This is especially important when you are dealing with an expert witness, as the details they share are often the backbone of a case.

Why Body Language is Important

In order to obtain the most readable, accurate transcript possible, attorneys and court reporters need to work together – especially when it comes to body language. Often, a witness may say something that sounds a certain way in the transcript, but their body language may tell a different story. Court reporters will not record body language, only what is being said, but there are ways to make sure that important body language cues are recorded in the transcript.

Verbalize the Non-Verbal

Non-verbal communication is important for an accurate deposition. Putting the witness’ body language in the context of what they are actually saying can drastically change the tone of the statement. When observing the body language of the witness, make sure that you verbalize it so that it will appear on the record. Use phrases like “Let the record show that . . .” followed by the body language that the witness is exhibiting.

Get it on Video

In addition to utilizing the skills of a court reporter for your deposition, you can also hire a legal videographer to capture the deposition on film. In certain cases, the footage can be shown in court, which will allow the judge and jury to view the witness’ body language.

Park Avenue Deposition Service provides certified court reporters in San Diego, CA and many other locations, as well as legal videographers for depositions and other court proceedings. Contact us today for more information.